Terms of Use

Legal

U.S. Terms of Use

LAST REVISED: February 19, 2017

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE Parken+ APPLICATIONS OR ANY SERVICES PROVIDED BY US, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR USE THE Parken+ APPLICATION OR ANY SERVICES PROVIDED BY US.
THESE TERMS INCLUDE AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF ANY OF THE SITES TO BINDING ARBITRATION RATHER THAN A COURT. THE BINDING ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY ARBITRATION INDIVIDUALLY AND NOT AS PART OF A CLASS.

These terms of service (these “Terms”) apply to your access and use of the mobile applications, websites, emails, text messages and social media accounts (collectively, the “Application”) owned, operated or provided by Parken+, Inc. (“Parken+”, “we”, “our” or “us”) and any feature, content, tools and services accessible by means of the Application as well as the booking of parking spots through the Service. The Application and these services are collectively referred to as the “Service.” These Terms do not alter in any way the terms or conditions of any other agreement you may have with Parken+ for the Service (or any part thereof). If you are using the Service on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on the entity’s behalf, and that the entity agrees to be responsible to Parken+ if you violate these Terms.
Your use of the Service is conditioned upon the version of these Terms in force at the time of your use. We reserve the right to change these Terms at any time and you waive any right you may have to receive specific notice of such changes or modifications. All changes to these Terms are effective immediately when we post them and apply to use of the Application and Services thereafter. If you continue to access or use the Service following our posting of any changes to these Terms, we will consider that you have accepted the changes. Therefore, you must regularly review these Terms to ensure you understand the terms and conditions that apply to your access and use of the Service. If you do not agree to the changed Terms, you must stop accessing or using the Service. We also recommend you regularly update to the most recent version of our mobile applications to allow you to take advantage of new functionality and to ensure you have access to the most recent terms of service and promotional offer terms (changes thereto aren’t viewable until you update the apps). You recognize that changes to the terms and/or promotional offers may occur and that you will be bound to these changes, notwithstanding the fact that you were not aware of them due to your failure to update the app. Your use of the app, and failure to update to the most recent version, constitutes your agreement that Parken+ shall have no liability to you, and you release Parken+, and its parent, officers, directors employees and agents, from and against any liability, for any changes to terms of service or promotional offers which were available but that which you were not aware of due to your failure to update the app.
Additional terms and conditions will apply to your reservation of some parking garages. For some bookings through the Service, we will let you know in the booking path on our Application that a third party, Parking Panda or Park Whiz , is the supplier for that particular booking.

If you have any questions regarding the use of the Service, please email us at help@parken.co.

PRIVACY POLICY

Please refer to our Privacy Policy, which also governs your use of the Application, to understand our practices, including how we collect, use and disclose personally identifiable information from our users.

DEVICE USAGE TERMS AND CONDITIONS

You acknowledge and agree that your use of the Service must also be in accordance with the usage rules established by your mobile device platform or service provider.

REGISTRATION DATA; ELIGIBILITY

To access certain areas and features of the Service, you may be required to register with Parken+. If you register, you will

(i) provide accurate, current and complete information about you as may be prompted by any signup, login and/or registration forms made available via the Service (the “Registration Data“);

(ii) maintain and promptly update the Registration Data, and any other information you provide to Parken+, in order to keep it accurate, current and complete; and

(iii) accept all risk of unauthorized access to the Registration Data and any other information you provide to Parken+.
Parken+ is under no obligation to retain a record of your account or any data or information that you may have stored by means of your account or your use of the Service. You are only authorized to create and use one account for the Service and are prohibited from using alter egos or other disguised identities when using the Service. You are under no obligation to use or continue to use the Service and may stop using the Service without notice to Parken+.
You may not use the Service if you are under 18 years of age (or the age of majority in your jurisdiction).

GRANT AND RESTRICTIONS

Subject to the terms, conditions and limitations set forth in these Terms, Parken+ grants you a non-exclusive, non-transferable and revocable license to use the Application on any mobile device that you own or control. The terms of the license will also govern any upgrades provided by Parken+ that replace and/or supplement the original Application, unless the upgrade is accompanied by a separate license, in which case the terms of that license will govern.
You will not do, and will not authorize or permit any third party to do, any of the following:

(i) distribute or make the Application available over a network where it could be used by multiple devices at the same time;

(iii) copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify or create derivative works of the Application, any updates or any part thereof (except as and only to the extent any of the foregoing restrictions are prohibited by applicable law) or

(iv) remove, alter or obscure any copyright, trademark or other proprietary rights notice on or in the Application. If you violate any of the foregoing restrictions, your right to use of the Application will immediately cease, and you will have infringed the copyright and other rights of Parken+, which may subject you to prosecution and damages. Parken+ reserves all rights not expressly granted to you in these Terms.

CONSENT TO USE OF DATA AND MOBILE COMMUNICATIONS

In exchange for Parken+ providing you with access to the Service, you consent to Parken+ collecting and using technical data, personal information and related information in connection with your use of the Service, including, but not limited to, contact information and technical information about your device, system and application software, and peripherals, that are gathered periodically to facilitate the features and functionality of the Service and of software updates, product support and other services. You also consent to our communicating with you about the Service.

COMPATIBILITY WITH MOBILE DEVICES

Parken+ does not warrant that the Service will be compatible or interoperable with your mobile device or any other hardware, software or equipment installed on or used in connection with your mobile device.

CARRIER CHARGES

The Service requires and uses phone service, data access and text messaging capabilities. Carrier rates for phone, data and text messaging may apply, and you are responsible for all of these charges.

PRODUCT DESCRIPTIONS

Parken+ attempts to be as accurate as possible. If you have reason to believe that a parking garage you booked through the Service or other product or feature does not meet the claims advertised within the Service, you must contact Parken+ immediately (and in any case no later than three business days following the booking date or feature request date). Your failure to contact us within this period may affect our ability to investigate and resolve your claim. Parking garage content, including images, are provided by the parking garages and/or third-party providers, such as SAP, Parking Panda and Park Whiz. Parken+ and its suppliers are not responsible for the accuracy of images or parking garage content.

ADVERTISED PRICES

Parken+ makes no guarantee that the prices advertised through the Service represent

(i) the lowest price for a parking booking in every area on any particular day or

(ii) the published price for a parking spot on another website or publication not affiliated with Parken+ in every area on any particular day.

BOOKING PARKING SPOTS THROUGH THE Parken+ SERVICE

When you book a parking spot using the Service, you are representing the following:

(i) any credit information you supply is true and complete;

(ii) charges incurred by you will be honored by your credit card company and

(iii) you will pay the posted price for the parking spot, even if you are unable to consummate your parking in that garage. Posted garage rates include applicable taxes. We will not issue Value Added Taxes (VAT) invoices for any purchases made through the Service. You are responsible for paying the parking facility directly for any additional charges such as overstay or other incidental charges you make once you are at the parking garage.

RATES, TAXES AND FEES

You acknowledge that Parken provides the Service for a consideration (“facilitation fee”). The parking booking rate displayed on the Application includes the booking rate we pre-negotiated for the parking spot we are reserving on your behalf and the facilitation fee. For some reservations, SAP may be the facilitator of your reservation. When you book a parking spot using the Service, we (or in some instances SAP) facilitate your booking with an parking aggregator such as Parking Panda and Park Whiz and we will charge your method of payment the total reservation price, which includes the garage rate displayed on the Application, plus any tax recovery charges, service fees, and where applicable, taxes on the Services. You agree that Parken will charge you for the total reservation price. The tax recovery amount is includes an estimated amount to recover the amount we pay the parking garage for taxes owed by the garage, including, without limitation, sales and use tax, value added tax and other taxes. In some cities, the tax may include government imposed service fees or other fees not paid directly to a taxing authority but still required by law. The amount paid to the parking garage for taxes may vary from the amount we estimate. The balance of the amount in included under “Taxes and Fees” is a fee we retain as part of the compensation for our services and to cover the costs of your reservation, including customer service costs. The amounts for Taxes and Fees varies based on a number of factors including, without limitation, the amount we pay the parking garage and the location of the parking garage, and may include profit we retain.

Our parking providers include all applicable taxes in the amount we are required to pay over to them. We are not a co-vendor with the parking garage. Tax rates and the type of taxes vary greatly by location.

PARKING GARAGE OVER-BOOKINGS AND CANCELLATIONS

If a parking garage is unable to honor your reservation, contact us immediately, and we will work with you and the garage to find you alternative parking garage (such as an available parking spot at a different location).

Any booking of a parking spot through the Service is refundable, up to the start time of the booking time. If you are unable to reach the parking garage, your reservation flagged as no-show and will be cancelled. We may, in our sole discretion, provide Parken credits for no-show / cancelled bookings.

PROMOTIONS

For all promotional campaign terms, including use of personal invite codes, coupons and other promo codes, please see our Promotional Terms, which govern the use of all codes and coupons.

PERSONAL INVITE CODE USE

Your personal invite code may only be used for personal and non-commercial purposes. Feel free to share your invite code with your friends and family via email, Twitter feeds, Facebook pages, personal blogs, etc. where you are the primary content owner. However you cannot distribute your invite code on sites where you are a contributor but not the primary content owner (e.g., Wikipedia, coupon websites, app stores and app review websites) and you cannot promote your invite code via Search Engine Marketing (e.g., AdWords/Yahoo/Bing).
Personal invite codes are valid for a single use per Parken user and are not transferable to another user or redeemable for cash. Codes may not be combined with another Parken coupon or discount code. Parken reserves the right to any remedy, including denial of the discount or cancellation of your account or reservations, if fraud, tampering, or violations of our Terms of Use are found to occur. Additional restrictions may apply.
If you break any of the rules applicable to personal invite codes or promo codes, the Parken Troll may take all of your credits away, cancel a promo code and/or suspend your account.

ELECTRONIC COMMUNICATIONS

When you use the Service or send emails to us, you are communicating with us electronically, and you consent to receive communications from us electronically. We will communicate with you by email or providing notices via the Service. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these communications be in writing. Electronic communications from us, including emails, may include marketing and promotional content.

THIRD-PARTY INTERACTIONS

Your use of the Service and your contact, interaction or dealings with any third parties arising out of your use of the Service is solely at your own risk. The parking garages and other suppliers of Parken are independent contractors and not agents or employees of Parken. Parken is not responsible for, and will not be held liable for, the acts, errors, omissions, representations, warranties, breaches or negligence of any of these parking garages or suppliers for any personal injuries, death, property damage, loss, theft or other damages or expenses resulting therefrom.

USER CONTENT AND YOUR CONDUCT

The Service includes forums and other interactive areas or services (“Interactive Areas”) in which you or other users can create, post or share content, materials, data, information, text, photos and/or other materials (“User Content”). You are solely responsible for your use of such Interactive Areas and the User Content you share. You hereby grant Parken a perpetual, irrevocable license to

(i) use, adapt, modify, create derivative works from and publicly display any User Content you post, upload or otherwise provide to Parken and

(ii) use the name and profile picture associated with your User Content submission. You acknowledge that Parken may choose to provide attribution of your User Content at our discretion.

You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Service any of the following:

User Content that is illegal or unlawful, that would constitute, encourage or provide instructions for a criminal offense, or that would otherwise create liability or violate any local, state, provincial, national or international law;

User Content that may infringe or violate any patent, trademark, trade secret, copyright, right of privacy, right of publicity or other intellectual property right, or any other right, of any party;

Unsolicited promotions, political campaigning or commercial messages (SPAM), or any chain messages or User Content designed to deceive or trick a user of the Service;

Private information of any third party including, but not limited to, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers; and

Viruses, corrupted data or other harmful, disruptive or destructive files or code, script or other software designed to automate any functionality on the Service without Parken’s express written consent.
You further agree that you are solely responsible for your conduct while using the Service and that you will not do any of the following in connection with the Service or its users:

Use the Service in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Service or that could damage, disable, overburden or impair the functioning of the Service in any manner;

Harass, threaten, or intimidate Service employees with inappropriate language or behavior;

Collect any personally identifiable information about other users (except as specifically authorized by Parken), or intimidate, threaten, stalk or otherwise harass or cause discomfort to other users of the Service;

Use the Service for any commercial purpose;

Use the Service for any illegal or unauthorized purpose or engage in, encourage or promote any illegal activity or any activity that violates these Terms or any other rules or policies established from time-to-time by Parken;

Create an account, post any content, or otherwise use the Service if you are not at least 18 years of age;

Modify, adapt, hack or emulate the Service;

Circumvent or attempt to circumvent any filtering, security measures or other features designed to protect the Service or users of the Service or third- parties; and

Infringe upon or violate the rights of Parken, our users or any third party.

Parken takes no responsibility and assumes no liability for any user conduct or for any User Content posted, stored or made available via the Service. Parken will not be liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter through the Service. Your use of the Service, including any Interactive Areas, is at your own risk. Enforcement of the user content and conduct rules set forth in these Terms is solely at Parken’s discretion, and failure to enforce such rules in some instances does not constitute a waiver of our right to enforce such rules in other instances. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Service will not contain any content that is prohibited by these rules.

THIRD-PARTY CONTENT

Parken may provide third-party content via the Service and may provide links to webpages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. Parken does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding Third-Party Content including, but not limited to, its accuracy or completeness. Parken is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use Third-Party Content at their own risk.

ADVERTISEMENTS AND PROMOTIONS; THIRD-PARTY PRODUCTS AND SERVICES

Parken may run advertisements and promotions from third parties via the Service or may otherwise provide information about or links to third-party products or services via the Service. Your business dealings or correspondence with, or participation in promotions of, these third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and those third parties. Parken is not responsible or liable for any loss or damage incurred as the result of any such dealings or promotions or as the result of the presence of non-Parken advertisers or third-party information accessible via the Service.

TRADEMARKS

The Parken name, “Your Destination Awaits You”, and the “PF” logo and other trademarks used by Parken are trademarks or registered trademarks of Parken, Inc. in the United States and in numerous international jurisdictions. These marks may not be reproduced or used without Parken’s prior written permission. You may not use any metatags or any other “hidden text” using “Parken” or any other name, trademark or product or service name of Parken without our prior written permission. In addition, the look and feel of the Service, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Parken and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos made available via the Service are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by us.

OWNERSHIP

The Service (including, but not limited to, the Application) contains the valuable proprietary content of Parken and our licensors and is protected by copyright and other intellectual property laws and treaties. You will not use the Service (including, but not limited to, the Application) except in its intended manner in accordance with the terms and conditions of these Terms.

TERMINATION OR MODIFICATION OF APPLICATION

Parken reserves the right to change, suspend, remove, discontinue or disable access to the Service (including, but not limited to, the Application) at any time without notice. In no event will Parken be liable for the removal of or disabling of access to any portion or feature of the Service (including, but not limited to, the Application).

TERMINATION

If you breach any of the terms or conditions of these Terms or Parken discontinues the Application, these Terms will automatically terminate. In the event of the termination of these Terms for any reason, the license granted to you in these Terms will immediately terminate and you must immediately stop all use of the Service (including the Application) and destroy or erase all copies of the Application in your possession or control. All of the sections of these Terms that by their nature should survive termination will survive any termination of these Terms. For avoidance of doubt, the License section will not survive termination of these Terms. Any use of the Service after termination is unlicensed and is in violation of the copyright and other rights of Parken. Parken and our affiliates reserve the right to refuse service, terminate accounts, remove or edit content or cancel orders in our sole discretion.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of these Terms and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your Registration Data, usage history, posted materials, IP addresses and traffic information.

INFORMATION AND PRESS RELEASES

The Site may contain information and press releases about us. We disclaim any duty or obligation to update this information. Information about companies other than ours contained in any press release or otherwise should not be relied upon as being provided or endorsed by us.

DISCLAIMERS

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. Parken DISCLAIMS ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESE TERMS AND THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE, INCLUDING ANY AND ALL: (I) WARRANTIES OF MERCHANTABILITY; (II) WARRANTIES OF FITNESS OR SUITABILITY FOR ANY PURPOSE (WHETHER OR NOT Parken KNOWS, HAS REASON TO KNOW, HAS BEEN ADVISED OR IS OTHERWISE AWARE OF ANY SUCH PURPOSE); AND (III) WARRANTIES OF NON-INFRINGEMENT OR CONDITION OF TITLE. Parken DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE APPLICATION WILL BE ACCURATE OR MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE APPLICATION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, GUIDELINES OR ADVICE GIVEN BY Parken OR OUR AUTHORIZED REPRESENTATIVES WILL CREATE A WARRANTY.
INDEMNIFICATION

You will defend, indemnify and hold us, our independent contractors, service providers and consultants, and their respective directors, employees and agents, harmless from and against any and all actual or threatened third-party suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to (i) your conduct; (ii) your violation of these Terms or your violation of the rights of any third party; or (iii) any User Content you share.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL Parken BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS, CONTRACTS, REVENUE OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO, THE APPLICATION), HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) AND EVEN IF Parken HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL Parken’S TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICE (INCLUDING, BUT NOT LIMITED TO THE APPLICATION) EXCEED $100.00 UNITED STATES DOLLARS.
THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT APPLICABLE TO RESIDENTS OF NEW JERSEY. WITH RESPECT TO RESIDENTS OF NEW JERSEY, Parken WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE UNLESS SUCH DAMAGES ARE THE RESULT OF OUR NEGLIGENT, RECKLESS OR INTENTIONAL ACTS OR OMISSIONS.

BINDING ARBITRATION

You agree that any controversy or claim arising out of or relating to the Sites, use of the Sites, and/or these Terms of Use shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis. The arbitrator shall apply California law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Parken, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. In the event that the claimant is able to demonstrate that the costs of arbitration will be cost-prohibitive or greater than the costs of litigation, Parken will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive or more expensive than the cost of litigation. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Parken shall be entitled to arbitrate their dispute. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.
BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION.

REPEAT INFRINGER POLICY

In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable law, Parken has adopted a policy of terminating, in appropriate circumstances and at Parken’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. Parken may also at our sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

COPYRIGHT COMPLAINTS

If you believe that any material made available via the Service infringes upon any copyright which you own or control, or that any link made available via the Service directs users to material that infringes upon any copyright which you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.

Name of Agent Designated to receive notification of claimed infringement: Copyright Agent
Full address of Designated Agent to which notification should be sent: 340 S Lemon Ave, Suite 7753, Los Angeles, CA 91789

Telephone Number of Designated Agent: (617) 262-5426

Email Address of Designated Agent: copyright@Parken.com

See 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages including, but not limited to, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.

APPLICABLE LAW AND VENUE

The Terms and your use of the Service, including, but not limited to, the Application will be governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, applicable to agreements made and to be entirely performed within the Commonwealth of Puerto Rico, without resort to its conflict of law provisions. In the event of any matter or dispute arising out of or in connection with these Terms that is not subject to binding arbitration, you and Parken will submit to the exclusive jurisdiction of the state and federal courts in the Commonwealth of Puerto Rico.

EXPORT LIMITATIONS

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported into any U.S. embargoed countries or to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person’s List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the Application for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear missiles, or chemical or biological weapons.

US GOVERNMENT RIGHTS

The Application and related documentation are “Commercial Items,” as that term is defined in 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as these terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through § 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users only as Commercial Items and with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

MISCELLANEOUS

Only you and Parken are entitled to enforce these Terms. No third party will be entitled to enforce any of the terms and conditions herein.